Alberto G. Diaz v. Lonnie M. Carlson

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alberto G. DIAZ, Plaintiff-Appellant, v. Lonnie M. CARLSON, Defendant-Appellee. No. 94-55372. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 22, 1995. IN PART, VACATED AND REMANDED IN PART. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Alberto G. Diaz appeals pro se the district court's denial of his motion to proceed in forma pauperis ("IFP") and dismissal of his civil rights action prior to issuance and service of process. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm, in part, and vacate and remand, in part. 3 A district court may dismiss an action prior to issuance and service of process if the action is frivolous. See 28 U.S.C. Sec. 1915 (d). 4 We review a section 1915(d) dismissal for abuse of discretion. Denton v. Hernandez, 112 S. Ct. 1728, 1734 (1992). "[A] district court may deny leave to proceed in forma…